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  4. KG v TM [2020] NZDT 1416 (12 August 2020) [PDF, 213 KB]

    Negligence / Assessment of primary liability and contributory negligence / Assessment of reasonable losses suffered / Applicant and respondent were drivers involved in a minor motor vehicle accident / Collision occurred when Respondent passed the Applicant’s vehicle on the left, and Applicant was completing a left-hand turn / Applicant claims repair costs of $4,380.37 / Respondent counter-claims repair costs of $2995.75 / Held: no contributory negligence on Applicant’s behalf, Respondent in breach of s 2.8 of the Land Transport (Road User) Rule 2004, and 100% liable for the collision / Detailed invoices and photographs provided by Applicant represented the actual and reasonable losses sustained / Applicant’s claim allowed, Respondent’s claim dismissed / Respondent ordered to pay $4,380.37 to Applicant’s insurer
  5. UB v KL [2020] NZDT 1372 (13 November 2020) [PDF, 170 KB]

    Contract / Contract and Commercial Law Act 2017 / Applicant rented a semi-self-contained studio on Respondent’s property / After moving in Applicant found stove not working and electrical wires cut, the television did not work and the external door did not close or lock / Respondent declined to fix the problems offering Applicant to use her kitchen and to install SKY / Applicant moved out after two nights notifying Respondent in writing / Respondent refused to return bond and advance rent / Applicant claims refund of $500 bond and $400 being two weeks advance rent payment / Held: offer of 1-bedroom studio with kitchen and television facilities was misrepresentation / Applicant entitled under Contract and Commercial Law Act 2017 to seek damages / Claim allowed / Respondent ordered to pay Applicant $907.44
  6. PG Ltd v KH Ltd & JC Ltd [2014] NZDT 1346 (31 October 2014) [PDF, 217 KB]

    Insurance claim / Applicant had insurance with Second Respondent through the Second Respondent who is an insurance broker / Applicant’s insurance cover changed in 2012 limiting claims to incidents within 5 kms of Applicant’s business / Applicant made claim in January 2013 for incident 85 kms from business and was paid by Second Respondent / Applicant made claim in September 2013 for incident 150 kms from business and claim was denied / Applicant claimed payment for loss from Second Respondent in the sum of $11,114.81 / Second respondent seeks to recover $9,477.29 paid in error to the Applicant / Held: Second respondent not required to pay Applicant because it paid out on previous claim / Held: Respondent did not take reasonable care and skill to renew Applicant’s insurance / Respondent in breach of obligations to Applicant / Held: Applicant likely to have found other adequate cover which would have paid out September 2013 claim / Claim allowed / Tribunal reduced amount of Applicant’s c…